Divorce itself is one of the most challenging times any person can experience. However, if you add to that immigration proceedings, the situation can quickly become complex.
If you are involved in immigration proceedings and are considering divorce, make sure you discuss this with an attorney who is familiar with both areas.
The intersection of divorce and immigration
You can file for divorce while the government is processing your immigration. However, it is essential to understand the implications that this may have, as the consequences of doing so depend largely on the specifics of your case.
For many individuals, especially those in the United States on a visa or seeking permanent residency through marriage to a U.S. citizen, a divorce can significantly impact their immigration status.
Important considerations
Factors to consider when thinking of filing for divorce during immigration proceedings include:
- Your visa status
- Conditional status
- Eligibility for relief
- Legal guidance
If you are in the United States on a visa dependent on your marriage, getting a divorce may jeopardize your immigration status.
In addition, if you obtained conditional residency through marriage, you must file a joint petition with your spouse to remove the conditions within 90 days before your second anniversary.
If your divorce is final before you file this petition, you may have to prove that your marriage was genuine, or your petition may be denied.
Expect complex answers
While generally, the answer to the question of whether you can file for divorce during immigration proceedings is “yes,” doing so may complicate your immigration proceedings.
Given the complexity involved at the intersection of divorce and immigration, it is highly advisable to seek guidance from an attorney experienced in immigration and divorce. They can help answer your questions, get through the process of considering both legal areas, and advocate on your behalf.